Why legal advice is vital in motor accident claims
Motor accidents are an all-too-common occurrence on our roads, leading to serious injuries, property damage, and — in some tragic cases — fatalities. If you’ve been injured on the road, a motor accident claim can provide essential financial support.
Unfortunately, getting motor accident compensation involves more than just submitting paperwork to an insurer. You’ll need strong evidence to show the extent of your injuries, how they’ve affected your life, and who’s responsible for the crash. Without this, your claim might be denied, leaving you without the compensation you deserve. That’s why we strongly suggest getting legal advice from a motor accident expert before starting your claim.
Below, we’ll break down how a lawyer can help navigate the claims process and secure maximum compensation for your injuries.
Understanding motor accident claims
All registered vehicles must have Compulsory Third Party (CTP) insurance, commonly known as a ‘Green Slip’ in NSW. This insurance allows you to claim compensation if you’re injured on the road.
In NSW, Victoria, South Australia, Tasmania, and the Northern Territory, you can file a claim even if the accident was your fault. Your compensation covers basic expenses like:
- Lost income (if your injury prevents you from working).
- Hospital, medical, and rehabilitation costs.
- Domestic care from professionals or support from friends and family.
In Queensland, Western Australia, and the ACT, you must prove that someone else caused the accident to be eligible for compensation. On top of the above basic expenses, your compensation may also cover:
- Loss of future earning capacity.
- Future medical expenses.
- Reduced life expectancy.
- Loss of enjoyment of life.
- Pain and suffering.
Importantly, you can also receive this extra compensation if your state allows at-fault claims but the accident wasn’t your fault.
How legal advice can support your claim
- Understanding your entitlements: each state has specific laws and requirements for claiming motor accident compensation. A lawyer can help you navigate these requirements, ensuring you understand your rights and the compensation you’re entitled to. They’ll also check if you qualify for extra motor accident benefits, like lump sum payments for permanent or catastrophic injuries.
- Gathering evidence: your lawyer will collect detailed medical reports, expert testimonies, and other essential evidence to support your claim. This evidence shows the severity of your injuries, how they affect your daily life and links them directly to the accident. Additionally, your lawyer will contest any contradictory evidence from the insurer’s experts, reducing the chances of your claim being denied.
- Calculating your compensation: your lawyer will use the evidence to figure out what kind of compensation you’re entitled to. They’ll assess your past and future losses, factoring in things like your ability to work and manage tasks at home. Your lawyer will also consider the broader impact of your injury — how it’s affected your life, career, lifestyle, family and mental health. Using their experience, they’ll combine this evidence, the law, and your unique situation into a strong case, ensuring you’re compensated for the full impact of your injury. It’s a complex process that requires expert legal knowledge to account for every factor and outcome.
- Covering out-of-pocket expenses: it’s no secret that filing a claim can be expensive, especially when you’re paying for medical assessments and expert evidence. However, if you opt for a No Win No Fee lawyer, they’ll cover these upfront costs for you.
- Negotiating with the insurer: once your injuries have stabilised, the insurer will typically offer a lump sum settlement. In our experience, they often lowball people without lawyers, offering less than your claim is worth. A lawyer can step in to negotiate for you, ensuring that the settlement truly reflects the extent of your injuries and their impact on your life.
- Handling disputes: if your claim is denied or disputed, a lawyer can step in and request a review of the insurer’s decision on your behalf. They will gather compelling new evidence to support your claim and counter each of the insurer’s arguments. If needed, your lawyer can also take your case to court to ensure you get the compensation you deserve.
- Maximising your payout: a lawyer can identify additional entitlements beyond your motor accident claim, such as income protection, Total and Permanent Disability (TPD), and common law damages. This ensures you receive the maximum possible compensation for your injuries.
Common challenges in motor accident claims
Making a motor accident claim can present many challenges. From our experience, some of the most common include:
- Contributory negligence: in some cases, an insurer may determine that you’re partially responsible for your injuries because of something you did — or didn’t do. This is known as contributory negligence. Examples include not wearing a seatbelt or driving under the influence. Typically, your compensation will be reduced based on your percentage of contributory negligence. If the insurer raises this issue, a lawyer can challenge their claims with evidence or argue that your actions were reasonable in the circumstances. This helps to minimise how much compensation you lose.
- Time limits: you need to file your motor accident claim within your state’s time limit. For instance, in NSW, it’s crucial to submit your claim within three months of the accident. While in Queensland, you have nine months from the accident or when you first notice injury symptoms. A lawyer can help you stay on track with the specific deadlines in your state. If you’ve already missed the deadline, your lawyer will request a time limit exception on your behalf.
- Multiple claims: if your accident involved multiple parties or vehicles, juggling several claims can feel overwhelming. A lawyer can take the reins, coordinating all aspects of the process and ensuring you don’t miss out on compensation from any responsible parties.
To address these challenges effectively, it’s crucial to seek professional legal advice from the beginning. An experienced motor accident lawyer can clarify your entitlements and the specific requirements in your state. They can also help identify any additional claims you might qualify for, like TPD or income protection. With a skilled lawyer on your side, you can avoid unnecessary delays and get your motor accident claim resolved fast.
To sum up
A successful motor accident claim isn’t just about understanding the law; you need experience, strategy, and the ability to take on insurers. Whether you need help figuring out your entitlements, proving the other party’s liability, or challenging a decision, a skilled lawyer offers invaluable guidance and support.
Reach out today to chat with a motor accident lawyer. Our legal team is always ready to review your policy and provide free advice on your entitlements.
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